Emergency
Bulletin & Alert
Virginia Safety & Health Code Board -
Permanent COVID-19 Standard
The Legislative Bulletin & Alert is a communication tool for Members to learn about time-sensitive legislative/regulatory issues affecting Manufacturers. VMA Members Only - Association Private. 
Action

A revised draft of the proposed standard (link below) reflecting input from the Northam Administration, the Virginia Department of Health (VDH), and comments from the 60 day comment period and public hearing of September 30, 2020 has been posted online for a 30 day comment period prior to the Board meeting to consider its adoption as a final standard. The current COVID-19 Emergency Temporary Standard expires on 1/26/21.

A link to the permanent standard and general notice for the 30 day comment period has been provided below. Please send comments to Kimberly Noonan by end of day on January 4th so the VMA can incorporate into its response and submit by the January 9th due date.
Background

Here is a link to background materials on the standard on DOLI’s website: https://www.doli.virginia.gov/proposed-permanent-standard-for-infectious-disease-prevention-for-covid-19/.

The Department of Labor & Industry is contracting with a company to conduct an Economic Impact Analysis (EIA) that meets the criteria set in Va. Code §22.4007.04. A review of the contents of EIA will be part of the Department’s briefing package for the final standard. The final briefing package will also include a review of comments received during the 30 day comment period and the public hearing on the revised proposed standard.

Also, the revised proposed standard includes the following language providing for Gubernatorial review of any final standard adopted by the Board in 16VAC25-220-20.A: 

A. Adoption Process
  1. This standard shall take effect upon review by the Governor, and if no revisions are requested, filing with the Registrar of Regulations, and publication in a newspaper of general circulation, published in the City of Richmond, Virginia. 
  2. If the Governor’s review results in one or more requested revisions to the standard, the Safety and Health Codes Board shall reconvene to approve, amend, or reject the requested revisions. 
  3. If the Safety and Health Codes Board approves the requested revisions to the standard as submitted, the standard shall take effect upon filing with the Registrar of Regulations and publication in a newspaper of general circulation published in the City of Richmond, Virginia 
  4. Should the Governor fail to review the standard under subsection 1 within thirty (30) days of its approval by the Safety and Health Codes Board, the Board will not need to reconvene to take further action, and the standard shall take effect upon filing with the Registrar of Regulations and publication in a newspaper of general circulation published in the City of Richmond, Virginia